FIDUCIARY DUTIES OF GOVERNING BODIES IN COMMERCIAL BANKS AND ISSUES OF THEIR PROPERTY LIABILITY
DOI:
https://doi.org/10.5281/zenodo.18719276Abstract
This thesis is devoted to the analysis of fiduciary duties of members of governing bodies in commercial banks and the issues of their property liability. It examines the legal nature, content, and structural elements of fiduciary duties, with particular emphasis on the duty of care and the duty of loyalty. Furthermore, based on the norms of the Law of the Republic of Uzbekistan “On Joint-Stock Companies and Protection of Shareholders’ Rights”, sector-specific banking legislation, and the Regulation on Corporate Governance in Commercial Banks, the scope of obligations of supervisory board members and executive bodies of commercial banks is analyzed.
The thesis also considers the legal foundations of fiduciary duties of majority shareholders and their significance in protecting the rights of minority shareholders. Although current legislation establishes fiduciary liability in general terms, the mechanisms for its enforcement remain insufficiently defined, and stable judicial practice in this category of disputes has not yet been formed. The author concludes that improvement of the institutions of fiduciary duties and property liability is necessary to enhance the effectiveness of corporate governance in the banking system.
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